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UTLer in the news
On Sat, 07 Feb 2009 00:26:29 -0000, Phil W Lee phil lee-family me "uk"
wrote: "Duncan Wood" considered Fri, 06 Feb 2009 16:56:33 -0000 the perfect time to write: On Fri, 06 Feb 2009 14:51:20 -0000, Roland Perry wrote: In message , at 14:39:19 on Fri, 6 Feb 2009, Tim Woodall remarked: It's been suggested that people might rely upon the Emergency Workers Act as a defence for running a red light. This is clearly a very poor strategy, when you can't be sure that the vehicle you are giving way to is actually covered by that Act. Surely all you need is an "honest belief" that it was an emergency vehicle (could even be an unmarked, unlit car behind you) and the police wouldn't even bother to charge, let alone it going to court even if your belief was completely wrong and it was difficult for others to understand how you might have come into your "honest belief". No, that's the problem. It's too great of an assumption to make that this defence will work. Why? Duress is accepted as a defence even for drink driving. Where does that beleif come from? I happen to know of a case where that defence was rejected, despite strong evidence that he would not have been driving (having already had a drink) without the necessity to save a life. Regina vs Martin, 1989. If you're operating under the reasonable belief tht failing to do something may be life threatening then you're allowed to use that as a defense. If tyou then follow the emergency vehicle through the lights then you're going to have more difficulty convincing anyone that that was your belief. |
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